2116076 (Refugee)

The Administrative Appeals Tribunal (AAT) reviewed a decision concerning an applicant's protection visa application. The applicant, who had been in Australia for an extended period, sought protection based on claims of fear of gang members in the Philippines and health issues. The AAT was required to determine whether the applicant met the criteria for a protection visa, either as a refugee under section 36(2)(a) of the *Migration Act 1958* (Cth) or on complementary protection grounds under section 36(2)(aa).

The Tribunal considered the applicant's evolving claims regarding his family ties in the Philippines and his alleged involvement in a car theft incident orchestrated by a criminal gang. The applicant contended that he feared retribution from the gang for informing the police, despite not being charged. The Tribunal also examined the applicant's initial claims of having no family and no reason to return to the Philippines, which were later qualified to include a sibling, children, and an estranged wife. The central legal issue was whether the applicant's stated fears constituted a "well-founded fear of persecution" for refugee status or a "real risk of significant harm" for complementary protection.

In its reasoning, the Tribunal found that the applicant's claims lacked credibility and were not substantiated by sufficient evidence. The inconsistencies in his account of his family situation and the timing and nature of his alleged fear of gang members led the Tribunal to conclude that he did not have a well-founded fear of persecution. Furthermore, the Tribunal found no substantial grounds to believe that the applicant would suffer significant harm as a necessary and foreseeable consequence of removal to the Philippines. The Tribunal applied the principles outlined in the *Migration Act 1958* (Cth) regarding refugee status and complementary protection, including the assessment of a real risk of harm and the availability of effective protection measures.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa. The matter was referred to the Minister, indicating that the applicant did not meet the criteria for protection under Australian law.